Legislature(2023 - 2024)GRUENBERG 120

02/09/2024 01:30 PM House JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ HB 9 ADD FACULTY MEMBER UNIV BOARD OF REGENTS TELECONFERENCED
<Bill Hearing Canceled>
+= HB 161 CIVIL LEGAL SERVICES FUND TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 97 SELF-STORAGE UNITS: LIENS; SALES TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 67 HARASSMENT; SEX OFFENDERS & OFFENSES TELECONFERENCED
Heard & Held
          HB  67-HARASSMENT; SEX OFFENDERS & OFFENSES                                                                       
                                                                                                                                
1:51:18 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the final order of  business would be                                                               
HOUSE  BILL  NO.  67,  "An  Act  relating  to  criminal  law  and                                                               
procedure;  relating  to  the  crime  of  stalking;  relating  to                                                               
consecutive sentencing  for violation  of conditions  of release;                                                               
relating to the duty to register  as a sex offender; amending the                                                               
definition of  'sex offense'; amending  the definition  of 'crime                                                               
involving  domestic  violence';   relating  to  multidisciplinary                                                               
child protection teams; amending Rule 6(r), Alaska Rules of                                                                     
Criminal Procedure; and providing for an effective date."                                                                       
[Before the committee was HB 67, as amended on 2/5/24.]                                                                         
                                                                                                                                
1:51:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY moved to adopt Amendment 3 to HB 67, labeled                                                                
33-GH1031\A.14, C. Radford, 2/5/24, which read:                                                                                 
                                                                                                                                
     Page 1, line 1, following "stalking;":                                                                                   
         Insert "relating to sexual abuse of a minor;"                                                                        
                                                                                                                                
     Page 2, line 2:                                                                                                            
          Delete "sec. 12"                                                                                                      
          Insert "sec. 15"                                                                                                      
                                                                                                                              
     Page 2, following line 28:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 3. AS 11.41.434(a) is amended to read:                                                                      
          (a)  An offender commits the crime of sexual                                                                          
     abuse of a minor in the first degree if                                                                                    
               (1)  being 16 years of age or older, the                                                                         
     offender engages  in sexual  penetration with  a person                                                                    
     who is under 13 years  of age or aids, induces, causes,                                                                    
     or encourages a person who is  under 13 years of age to                                                                    
     engage in sexual penetration with another person;                                                                          
               (2)  being 18 years of age or older, the                                                                         
     offender engages  in sexual  penetration with  a person                                                                    
     who is under  18 years of age, and the  offender is the                                                                    
     victim's  natural parent,  stepparent, adopted  parent,                                                                    
     or legal guardian; or                                                                                                      
               (3)  being 18 years of age or older, the                                                                         
     offender engages  in sexual  penetration with  a person                                                                    
     who is under 18 [16] years of age, and                                                                                 
               (A)  the victim at the time of the offense                                                                       
     is residing in  the same household as  the offender and                                                                    
     the offender has authority over the victim; or                                                                             
               (B)  the offender occupies a position of                                                                         
     authority in relation to the victim.                                                                                       
        * Sec. 4. AS 11.41.436(a) is amended to read:                                                                         
          (a)  An offender commits the crime of sexual                                                                          
     abuse of a minor in the second degree if,                                                                                  
               (1)  being 17 years of age or older, the                                                                         
     offender engages  in sexual  penetration with  a person                                                                    
     who is 13, 14,  [OR] 15, 16, or 17 years  of age and at                                                                
     least four  years younger than  the offender,  or aids,                                                                    
     induces, causes, or encourages a  person who is 13, 14,                                                                    
     [OR]  15, 16,  or 17  years of  age and  at least  four                                                                
     years  younger than  the offender  to engage  in sexual                                                                    
     penetration with another person;                                                                                           
               (2)   being  16 years  of age  or older,  the                                                                    
     offender engages  in sexual contact  with a  person who                                                                    
     is under 13  years of age or aids,  induces, causes, or                                                                    
     encourages a person under 13  years of age to engage in                                                                    
     sexual contact with another person;                                                                                        
               (3)   being  18 years  of age  or older,  the                                                                    
     offender engages  in sexual contact  with a  person who                                                                    
     is  under 18  years of  age,  and the  offender is  the                                                                    
     victim's  natural parent,  stepparent, adopted  parent,                                                                    
     or legal guardian;                                                                                                         
               (4)   being  16 years  of age  or older,  the                                                                    
     offender aids, induces, causes,  or encourages a person                                                                    
     who  is under  16 years  of  age to  engage in  conduct                                                                    
     described in AS 11.41.455(a)(2) - (6);                                                                                     
               (5)   being  18 years  of age  or older,  the                                                                    
     offender engages  in sexual contact  with a  person who                                                                    
     is under 18 [16] years of age, and                                                                                     
               (A)   the victim at  the time of  the offense                                                                    
     is residing in  the same household as  the offender and                                                                    
     the offender has authority over the victim; or                                                                             
               (B)   the  offender  occupies  a position  of                                                                    
     authority in relation to the victim;                                                                                       
               (6)   being  18 years  of age  or older,  the                                                                    
     offender engages  in sexual  penetration with  a person                                                                    
     who is 16  or 17 years of age and  at least three years                                                                    
     younger than the offender, and  the offender occupies a                                                                    
     position of authority in relation to the victim; or                                                                        
               (7)    being  under  16  years  of  age,  the                                                                    
     offender engages  in sexual  penetration with  a person                                                                    
     who is under  13 years of age and at  least three years                                                                    
     younger than the offender.                                                                                                 
        * Sec. 5. AS 11.41.438(a) is amended to read:                                                                         
          (a)  An offender commits the crime of sexual                                                                          
     abuse of a minor in the  third degree if being 17 years                                                                    
     of  age  or  older,  the  offender  engages  in  sexual                                                                    
     contact with  a person who is  13, 14, [OR] 15,  16, or                                                                
     17 years  of age and  at least four years  younger than                                                                
     the offender."                                                                                                             
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 12, line 29:                                                                                                          
          Delete all material and insert:                                                                                       
        "* Sec. 16. AS 11.41.436(a)(6), 11.41.440(a)(2);                                                                    
    AS 12.40.110;     and    AS 12.63.100(7)(C)(ii)     are                                                                     
     repealed."                                                                                                                 
                                                                                                                                
     Page 13, line 1, following "Act,":                                                                                         
          Insert "AS 11.41.434(a), as amended by sec. 3 of                                                                      
       this Act, AS 11.41.436(a), as amended by sec. 4 of                                                                       
       this Act, AS 11.41.438(a), as amended by sec. 5 of                                                                       
     this Act,"                                                                                                                 
                                                                                                                                
     Page 13, line 2:                                                                                                           
          Delete "sec. 3"                                                                                                       
          Insert "sec. 6"                                                                                                       
                                                                                                                                
     Page 13, lines 2 - 3:                                                                                                      
          Delete "sec. 9"                                                                                                       
          Insert "sec. 12"                                                                                                      
                                                                                                                                
     Page 13, line 5:                                                                                                           
          Delete "sec. 4"                                                                                                       
          Insert "sec. 7"                                                                                                       
          Delete "sec. 5"                                                                                                       
          Insert "sec. 8"                                                                                                       
                                                                                                                                
     Page 13, line 6:                                                                                                           
          Delete "sec. 6"                                                                                                       
          Insert "sec. 9"                                                                                                       
                                                                                                                                
     Page 13, line 9:                                                                                                           
          Delete "sec. 7"                                                                                                       
          Insert "sec. 10"                                                                                                      
                                                                                                                                
     Page 13, line 13:                                                                                                          
          Delete "sec. 7"                                                                                                       
          Insert "sec. 10"                                                                                                      
                                                                                                                                
     Page 13, line 16:                                                                                                          
          Delete "sec. 8"                                                                                                       
          Insert "sec. 11"                                                                                                      
                                                                                                                                
     Page 13, line 18:                                                                                                          
          Delete "sec. 12"                                                                                                      
          Insert "sec. 15"                                                                                                      
                                                                                                                                
     Page 13, line 24:                                                                                                          
          Delete "sec. 12" in both places                                                                                       
          Insert "sec. 15" in both places                                                                                       
                                                                                                                                
REPRESENTATIVE C. JOHNSON objected.                                                                                             
                                                                                                                                
1:52:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  explained that  Amendment 3 would  raise the                                                               
age of consent  for sexual activity in Alaska from  age 16 to age                                                               
18.  Because the age of  consent is 16, he said, 16-year-olds are                                                               
currently  treated   the  same  as  35-year-olds   if  assaulted,                                                               
undergoing questioning by law enforcement  and an invasive pelvic                                                               
exam  to  determine  consent.   He  asserted  that  the  proposed                                                               
amendment would  afford 16-year-olds the same  protections as any                                                               
other minor and protect Alaska's youth.                                                                                         
                                                                                                                                
1:54:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD asked whether the  legal age of marriage is                                                               
16.                                                                                                                             
                                                                                                                                
1:55:09 PM                                                                                                                    
                                                                                                                                
ROBERT FRENCH,  Lieutenant, Alaska  State Troopers, did  not know                                                               
the answer.                                                                                                                     
                                                                                                                                
1:55:21 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:56:15 PM                                                                                                                    
                                                                                                                                
KACI  SCROEDER,   Assistant  Attorney  General,   Legal  Services                                                               
Section, Criminal Division,  Department of Law (DOL),  said, as a                                                               
criminal attorney, she did not know  the legal age of marriage in                                                               
Alaska; nonetheless, under the sexual  abuse of a minor statutes,                                                               
it is  an affirmative defense  if the  person was married  to the                                                               
offender at the time of the offense.                                                                                            
                                                                                                                                
1:56:57 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:56:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  requested the legal definition  of "minor"                                                               
in the state of Alaska.                                                                                                         
                                                                                                                                
MS. SCHROEDER  said she did  not know whether "minor"  is defined                                                               
in  statute.   Generally, the  terms "minor"  and "juvenile"  are                                                               
used interchangeably  in reference  to someone  under the  age of                                                               
18.                                                                                                                             
                                                                                                                                
1:58:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  shared his understanding that  to be married                                                               
in Alaska,  a person must  be 18  without parental consent  or 16                                                               
with parental consent.   He inquired about the  "Romeo and Juliet                                                               
exception"  and  how  that  would be  impacted  by  the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
MS.  SCHROEDER said,  if by  "Romeo  and Juliet,"  Representative                                                               
Groh was referring to a  sexual relationship involving people who                                                               
are close  in age, the current  sexual abuse of a  minor statutes                                                               
account  for  that  by prescribing  age  difference  and  various                                                               
circumstances.  She  referred to page 2, lines  6-10 of Amendment                                                               
3, noting  that the victim  must be  at least four  years younger                                                               
than the offender.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GROH asked  whether there  is an  exception under                                                               
current law for an 18-year-old  to have sexual penetration with a                                                               
14-year-old.                                                                                                                    
                                                                                                                                
MS.  SCHROEDER said,  under current  law, the  person must  be 17                                                               
years of  age or  older and  the victim  must be  13, 14,  or 15;                                                               
additionally,  there must  be  a four-year  age  difference.   In                                                               
response to follow  up questions, she confirmed that  if there is                                                               
more  than  a  four-year  age  difference [at  the  time  of  the                                                               
offense], then it can be  prosecuted.  Should the Amendment pass,                                                               
she  explained that  "the  age is  moved up,"  making  it so  the                                                               
suspect must be 17  years of age or older and  the victim must be                                                               
13, 14, 15, 16, or 17 and there  would need to be a four-year age                                                               
difference.                                                                                                                     
                                                                                                                                
2:03:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD   asked  whether  the   department  viewed                                                               
Amendment  3 as  a "good  amendment" or  whether it  would create                                                               
unintended consequences.                                                                                                        
                                                                                                                                
2:03:37 PM                                                                                                                    
                                                                                                                                
KEMP  ANGIE,  Director,  Criminal  Division,  Department  of  Law                                                               
(DOL), said DOL was neutral on the proposed amendment.                                                                          
                                                                                                                                
REPRESENTATIVE  ALLARD asked  what the  [amendment] would  do and                                                               
what it would not do.                                                                                                           
                                                                                                                                
MS. KEMP  stated that the  amendment would capture  more victims.                                                               
Under current  law, she  explained that  the state  cannot charge                                                               
sexual abuse of a minor in the  second degree if the victim is 16                                                               
years old  and the suspect  is 20 years  old.  Amendment  3 would                                                               
expand  the scope  of coverage  to include  16 and  17-year-olds.                                                               
She noted  that proof  of the  four-year age  gap would  still be                                                               
required,  in addition  to proof  of sexual  penetration and  any                                                               
additional elements.                                                                                                            
                                                                                                                                
2:05:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH   asked  whether   the  age   difference  is                                                               
calculated by year or by day.                                                                                                   
                                                                                                                                
MS. KEMP indicated that it is calculated to the day.                                                                            
                                                                                                                                
2:07:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SUMNER asked  what would  happen if  there is  an                                                               
intervening leap year.                                                                                                          
                                                                                                                                
MS. KEMP stated  that it would require calculus on  behalf of the                                                               
department to ensure that the  element is met beyond a reasonable                                                               
doubt.                                                                                                                          
                                                                                                                                
2:09:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  considered  a  hypothetical  scenario  in                                                               
which a  17-year-old [engages in  sexual penetration] with  a 21-                                                               
year-old and asked whether the 21-year-old could go to jail.                                                                    
                                                                                                                                
MS. KEMP answered yes.                                                                                                          
                                                                                                                                
2:10:07 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE asked how Amendment 3 would impact DOL.                                                                             
                                                                                                                                
MS. KEMP  conveyed that it was  hard to measure the  impact.  The                                                               
best measurement, she said, is  grounded primarily in predictions                                                               
for HB  325 about how  changing the definition of  sexual assault                                                               
and "without  consent" language may  increase the caseload.   She                                                               
shared  her belief  that  there would  be a  fiscal  cost to  the                                                               
department associated with HB 67.                                                                                               
                                                                                                                                
2:14:25 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE asked how Amendment  3 would impact the Department of                                                               
Public Safety (DPS).                                                                                                            
                                                                                                                                
2:14:55 PM                                                                                                                    
                                                                                                                                
LISA   PURINTON,  Director,   Division  of   Statewide  Services,                                                               
(Department of Public Safety), said  the proposed amendment would                                                               
increase  the  department's  workload.    The  widened  scope  of                                                               
criminal  behavior  would  result   in  more  investigations  and                                                               
therefore, a fiscal cost to DPS.                                                                                                
                                                                                                                                
2:16:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  expressed concern  that the bill  would be                                                               
challenging  for  emancipated 16-year-olds  or  kids  that go  to                                                               
college  at an  early age.   She  asked for  verification that  a                                                               
different  law  would  pertain   to  minors  versus  someone  not                                                               
considered a minor in that instance.                                                                                            
                                                                                                                                
MS. PURINTON deferred to DOL.                                                                                                   
                                                                                                                                
2:18:30 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  asked why this area  of law was not  included in the                                                               
consent bill, House Bill 325.                                                                                                   
                                                                                                                                
MS. PURINTON  did not know the  answer.  In response  to a follow                                                               
up question,  she reported  that the fiscal  note for  House Bill                                                               
325 accounted for seven new investigators.                                                                                      
                                                                                                                                
2:20:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  emphasized that  older kids often  pray upon                                                               
16- and  17-year-olds lack  of maturity and  standing.   He added                                                               
that  16-  and 17-year-olds  are  inherently  more vulnerable  to                                                               
human trafficking  than adults.   He  remarked, "I  can't imagine                                                               
that we're  going to try  to balance our  budget and have  a more                                                               
balanced budget by not going  after criminals, by not making this                                                               
a crime,  by not  trying to  enforce what I  believe is  best for                                                               
minors."   Experts in the field  believe that raising the  age of                                                               
consent would be the "biggest  bang for [Alaska's] buck" in terms                                                               
of sexual assault  and preventing sex trafficking, he  added.  He                                                               
opined that Amendment 3 would stop crimes and help people.                                                                      
                                                                                                                                
2:23:11 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:23:18 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE invited final comments on Amendment 3.                                                                              
                                                                                                                                
REPRESENTATIVE   C.  JOHNSON   stated  that   he  whole-heartedly                                                               
supported  the  concept  of  Amendment  3 and  did  not  want  to                                                               
encourage  crime; however,  there's  a lot  that's  unknown.   In                                                               
light of the lack of knowledge, he  said it was tough to vote for                                                               
the proposed amendment.                                                                                                         
                                                                                                                                
2:32:50 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:32:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY,  in wrap up,  shared his  understanding that                                                               
the fiscal note was $3 million  for seven staff members.  He said                                                               
he  would keep  note that  [$3 million]  is too  much to  protect                                                               
Alaska's young people.                                                                                                          
                                                                                                                                
CHAIR  VANCE  said  she believed  that  Representative  Gray  had                                                               
mischaracterized the members' comments.                                                                                         
                                                                                                                                
2:34:02 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken.   Representatives Gray and Groh voted                                                               
in favor of Amendment 3.   Representatives Carpenter, C. Johnson,                                                               
Sumner,  Allard,   and  Vance  voted  against   it.    Therefore,                                                               
Amendment 3 failed by a vote of 2-5.                                                                                            
                                                                                                                                
2:34:48 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced that HB 67 would be held over.                                                                            

Document Name Date/Time Subjects
CSHB 9 - Sponsor Statement.pdf HJUD 2/9/2024 1:30:00 PM
HB 9
CSHB 9 - v.B.pdf HJUD 2/9/2024 1:30:00 PM
HB 9
CSHB 9 - Sectional Analysis.pdf HJUD 2/9/2024 1:30:00 PM
HB 9
CSHB 9 - Summary of Changes.pdf HJUD 2/9/2024 1:30:00 PM
HB 9
CSHB 9 - UA-SS Fiscal Note (02-02-24).pdf HJUD 2/9/2024 1:30:00 PM
HB 9
CSHB 9 - Support UNAC.pdf HJUD 2/9/2024 1:30:00 PM
HB 9
CSHB 9 - Support Faculty Alliance.pdf HJUD 2/9/2024 1:30:00 PM
HB 9